FIR withdrawal - consequences

Grace (Querist) 16 October 2009 This query is : Resolved
Dear Law Experts,

I have just come across this fantastic website where you are helping people like me who know nothing about legal matters, but are unfortunately caught up in legal battles. Thank you so much.

My friend with the advise and pressure of her lawyer, and unfortunately not knowing any better and not having anyone better to advise her, filed an FIR against her husband. While her allegations are true, she doe not want to go ahead with the allegations. However, she has been advised that now she cannot withdraw the FIR. If she did, her husband can file a defamation case against her. I read in one of your answers that such cases can be quashed with mutual compromise. The lawyer is not willing to go down that path. We dont understand why.

My questions are:

1. If she, or someone on her behalf, initiates a dialogue for compromise, will it go against her?

2. Will there be any other adverse consequences? What other charges can the husband bring against her?

3. What precaustions should be taken while coming to this compromise? Can this be done with a mediator and without the presence of the lawyers?

We are so much in the dark, Please advise.
Thank you very much.

Grace

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Kiran Kumar (Expert) 16 October 2009
dear Grace,

if she is willing to compromise the matter with her husband then let it be done at the earliest.

a lawyer can not stop her from reuniting or compromising the matter with her husband.

you can also play a constructive role betweent the two and the compromise can be effected without the presence of lawyer.

if the matter is compromised then there is no chance of filing of any case by the husband.

the compromise should be clear and must contain all terms and conditions or circumstances, it should be final and duly executed in the presence of few witnesses (preferably relatives and family members)...the couple must state they resolving the matter amicably and will not pusue any criminal or civil litigation against each other in this regard.

let the compromise be supported by duly sworn affidavits of both the parties.

the FIR can not be withdrawn but can be quashed in view of compromsie between the parties....SC judgments are available in this regard.